68 Iowa 563 | Iowa | 1886
II. We are required to determine whether, upon the facts established, there was such a change of possession of. the corn as would pass the property therein against existing creditors, without notice, in the absence of a written conveyance of the corn, as required by Code, § 1923. The question of possession of property in any case must, of necessity, depend upon its peculiar facts. It is obvious that all articles of personal property cannot be subject to the dominion and control of the owner in the same manner and to the same extent. Those articles of great bulk, or to some extent immovable in their nature, cannot be held in possession and under control like smaller things which may be readily moved, or over which their owner may have the power to exercise absolute personal possession, — manu tenere. It is obvious that the possession of those things of great bulb, which are usually not moved until wanted for use,
Applying this rule to the case before us, we are led to conclude that the intervenor was in the possession of the corn when it Avas seized by the sheriff. It is not usual for the owner of a large crib of corn, aAvaiting a price Avhich will justify its shipment to market, to exercise any different control over it, or to indicate his possession thereof by different acts than by those done by the intervenor. He publicly proclaimed his ownership, and did what he esteemed necessary for the preservation of the property. It is to be presumed that inquiry at the place where the corn Avas cribbed would have revealed his ownership. At all events, he could have taken possession in no different manner, and could have exercised ownership in no different Avay, than that pursued by him. He was, in contemplation of the law, in possession of the property. The decisions of this court, cited by plaintiffs’ counsel to support his position that the intervenor Avas not in possession of the corn, differ wholly in their facts from the case at bar. In none of them was there a change, or attempt to change, the custody and control of the property. In each case the property was “left with the seller, whose
The foregoing consideration disposes of all questions in the case.
Aeeibmed.